For terms not qualified or defined in Chapter
40, Section 15C of the Massachusetts General Laws the following meanings
shall apply for the purpose of this bylaw:
CUTTING OR REMOVAL OF TREES
The removal of one or more trees, trimming of major branches,
or cutting of roots or otherwise intentionally impacting the trees,
sufficient in the Tree Warden's written opinion to cause eventual
destruction of a tree.
REPAIR, MAINTENANCE, RECONSTRUCTION, OR PAVING WORK
Any work done within the right-of-way by any person or agency,
public or private. Construction of new driveways or alteration of
existing ones is included, insofar as it takes place within the right-of-way.
Construction or alteration of water, sewer, electric, telephone, cable
television, or other utilities within the right-of-way is also included.
ROAD
The entire right-of-way of a vehicular traveled right-of-way
including any necessary appurtenances including bridge structures,
drainage systems, retaining walls, traffic control devices and sidewalks,
but not intersecting streets or driveways. The right-of-way includes
the area on and within the boundaries of the public way. If the boundaries
are not officially known, any affected tree or stone wall shall be
presumed to be within the public right-of-way until shown to be otherwise.
STONE WALL
A continuous alignment of dry laid stones, at least two courses
high, at least ten feet long and at least 50 years old.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
The destruction of more than ten linear feet of stone wall
involving more than one cubic foot of wall material per linear foot
above existing grade. Temporary removal and replacement at the same
location with the same materials is permitted without Planning Board
approval if the Department of Public Works is notified before the
work begins so that it confirms that the wall is properly replaced.
Repair of stone wall, not involving tearing down or destruction of
the wall, is not covered by this bylaw.
TREES
Shall include a tree whose trunk has a diameter of eight
inches or more as measured four feet above ground.
In determining which roads or portions should
be recommended to Town Meeting for designation as scenic roads, the
following criteria must apply:
B. Contribution of trees to scenic beauty;
C. Contribution of stone walls to scenic beauty;
D. Age and historic significance of roads, trees, and
stone walls;
E. Built features such as historic buildings, historic
monuments, historic burial grounds, historic structures, farm buildings
and fencing; and
F. Road features such as historic layout, surface, carriage
width, use restrictions, non-historic bridges.
[Amended 11-20-2019 STM, Art. 13]
The Planning Board, the Select Board, the Conservation
Commission, the Historical Commission, or a petition of ten (10) citizens
of the town may propose the possibility for any Ashland road other
than a numbered route or state highway being designated as a scenic
road. The Planning Board then shall hold a public hearing notifying
the Select Board, the Tree Warden, Department of Public Works, Conservation
Commission, and the Historical Commission and the general public by
advertising in a local paper twice. The first advertisement to appear
at least fourteen days prior to the date of the hearing. The Planning
Board shall make recommendation to Town Meeting on the merits of designation
of the proposed road as scenic way. No road shall be designated a
scenic road by Town Meeting unless such designation is favorably recommended
by the Historical Commission. A majority vote of Town Meeting is required
for designation. Following designation by Town Meeting, the Planning
Board shall:
A. Notify all municipal departments that may take any
action with respect to such road;
B. Notify the Massachusetts Department of Highway;
C. Indicate such designation on all maps currently in
use by municipal departments; and
D. Notify all utility companies or other such parties,
which may be working on the border of such road.
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The seven roads previously designated as scenic
roads by Ashland Annual Town Meeting shall retain their status as
scenic for the purpose of the Scenic Road Bylaw.
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In acting on applications concerning scenic
roads, the Planning Board shall take into consideration the following:
A. Preservation of Natural Resources;
B. Preservation of Historic Resources;
C. Scenic and aesthetic characteristics;
F. Local residential traffic patterns and overall traffic
volume and congestion;
G. Compensatory actions proposed, such as tree and wall
replacement;
H. Functional importance and urgency of repair, maintenance,
reconstruction, or paving;
I. Additional evidence contributed by abutter, town agencies,
and other interested parties;
J. Existence or absence of reasonable alternatives; and
K. Other planning information.
At a minimum, driveways shall be consistent
with Ashland regulations for residential driveways and curb cuts and
shall comply with this bylaw.
Only one driveway cut per lot onto any scenic
road shall be allowed. A new driveway on a scenic road shall not exceed
twelve feet in width.
Stone wall sections to be removed for a driveway
shall not exceed the driveway width by more than one foot on either
side. No tree with a trunk exceeding eight inches in diameter four
feet above the ground shall be removed for a driveway unless the curb
cannot be safely located elsewhere.
Failure to file with the Planning Board for
permission to cut or remove trees or for destruction of any portion
of a stone wall within the layout of any scenic road will require
an immediate filing as detailed above and the applicant shall be required
to restore the features if required by the Planning Board. This restoration
shall consist of replacing the stone wall as necessary and replacing
the trees cut on a square-inch per square inch basis (combined area
of the replacement trees measured one foot above ground level to equal
total area of the original tree trunk as measured at the stump) at
locations specified by the Planning Board.
Failure to comply with duly issued decision
of the Planning Board shall be subject to restoration as detailed
above and other remedial measures that the Planning Board deems necessary,
including, but not limited to the enforcement of the restoration measures
as stated above. Any decision not carried out within two years of
issue shall be void and shall require a new filing.
The Planning Board and the Tree Warden, where
appropriate, shall have the authority to enforce the provisions of
this bylaw.
Any violation of this bylaw, M.G.L. Chapter
40, section 15C, or a Planning Board decision issued under this bylaw
or M.G.L. Chapter 40, Section 15C, shall be punishable by a fine not
to exceed three hundred dollars per violation.